Opinion
2 CA-CR 2024-0042
08-12-2024
The State of Arizona, Appellee, v. Steve Villagas Arbizo, Appellant.
James Fullin, Pima County Legal Defender By Alex D. Heveri, Assistant Legal Defender, Tucson Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Pima County No. CR20203823001 The Honorable Richard E. Gordon, Judge
James Fullin, Pima County Legal Defender By Alex D. Heveri, Assistant Legal Defender, Tucson Counsel for Appellant
Vice Chief Judge Eppich authored the decision of the Court, in which Presiding Judge Sklar and Judge Brearcliffe concurred.
MEMORANDUM DECISION
EPPICH, Vice Chief Judge:
¶1 After a jury trial, appellant Steve Arbizo was convicted of manslaughter, leaving the scene after causing an accident resulting in death or serious physical injury, aggravated driving under the influence while license is suspended or revoked, aggravated driving with an alcohol concentration of .08 or more while license is suspended or revoked, and criminal damage. The trial court sentenced Arbizo to a combination of concurrent and consecutive prison terms totaling 15.5 years.
¶2 On appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting she "has reviewed the entire record and has been unable to find any arguably meritorious issue to raise." Consistent with Clark, 196 Ariz. 530, ¶ 30, counsel has provided a factual and procedural history of the case with citations to the record and has asked this court to search the record for reversible error. Arbizo has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-1103(A)(1), 13-1602(A)(1), 28-661(A), 28-1381(A)(1), (2), 28-1383(A)(1). One evening in October 2020, Arbizo, whose driver license had been revoked and suspended, was driving in Tucson, turned left in front of oncoming traffic, hitting and killing a motorcyclist and damaging the motorcycle, and left the scene. Officers detained Arbizo shortly thereafter, and he exhibited numerous signs of impairment and had an alcohol concentration of at least .157.
¶4 The record supports the trial court's finding of one non-historical prior felony conviction. The sentences imposed are within the statutory ranges. See A.R.S. §§ 13-703(A), (H), 13-704(A), 13-1103(D), 13-1602(B)(3), 28-661(C), 28-1383(O).
¶5 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Arbizo's convictions and sentences.